Lowell Vs SarahC Overdraft Lloyds

[FlamingParrot]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi The response was a response to the CPR, stating the default date. The rest of the letter runs "We confirm that the claim forma was issued ... It is the original creditors policy to issue agreements at the start of the contract ... our client is not agreeable to an extension for filing the defence ... We are in receipt of your AoS"

That's precisely the one I had in mind, it's a standard template. :mmph:

Hi
I wont be able to respond now until tomorrow (it's getting late), thanks for all the help so far. I should be able to confirm if the receipts for proof of postage are still around by tomorrow evening.

No worries, there isn't much to be done at this time anyway, sounds like they just didn't respond to your CCA request but didn't argue about it either. They may not even be aware of the type of account they are dealing with. As you already sent the CCA request there is no need to send a new one.

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

That's precisely the one I had in mind, it's a standard template. :mmph:

Hi

Nothings been sent today and I don't think I've got time now to file anything as part of the defence. The case is in two weeks.

Do I just advise her to argue that they haven't provided a CCA (or any documentation) under the CCA and CPR Rules, and since she doesn't recall who she had accounts with that far back, that like any individual or business, she needed to see the documentation required under the "appropriate" act - that despite early requests, and their legal obligations to file this information under CPR rules within 14 days of the hearing date, it hasn't been forthcoming and the case should be struck out?

[nemesis45]

Re: Lowell Vs SarahC Overdraft Lloyds

Hi

Nothings been sent today and I don't think I've got time now to file anything as part of the defence. The case is in two weeks.

Do I just advise her to argue that they haven't provided a CCA (or any documentation) under the CCA and CPR Rules, and since she doesn't recall who she had accounts with that far back, that like any individual or business, she needed to see the documentation required under the "appropriate" act - that despite early requests, and their legal obligations to file this information under CPR rules within 14 days of the hearing date, it hasn't been forthcoming and the case should be struck out?

There was a query about the " agreement " I believe mentioned in the POC as regulated by CCA 1974 was this sorted?

nem

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

There was a query about the " agreement " I believe mentioned in the POC as regulated by CCA 1974 was this sorted?

nem

I'm not sure what you mean. I have my letters here I sent for her, and the one response, and that it states the template response, that they don't know it's an overdraft - and seem to be treating it as under the CCA. Do I need to file those letters, and post them as evidence to the court (by email if possible) and next day in the next 30 mins to BC?

[nemesis45]

Re: Lowell Vs SarahC Overdraft Lloyds

I'm not sure what you mean. I have my letters here I sent for her, and the one response, and that it states the template response, that they don't know it's an overdraft - and seem to be treating it as under the CCA. Do I need to file those letters, and post them as evidence to the court (by email if possible) and next day in the next 30 mins to BC?

Yes keep every thing you send and everything you receive from the claimant, solicitors and the court copy everything and keep safe.
Ok let the go on with that thought, have you been sent the CCA yet.

nem

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

No they ignored/didn't respond to that letter

[nemesis45]

Re: Lowell Vs SarahC Overdraft Lloyds

No they ignored/didn't respond to that letter

OK so as far s it goes the CCA request has not been produced and there has been
absolutely no communication about it from Lowell?

Did you send the £1 statutory fee with the request?

nem

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

OK so as far s it goes the CCA request has not been produced and there has been
absolutely no communication about it from Lowell?

Did you send the £1 statutory fee with the request?

nem

Yes.

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

The details and dates of the letters, and the responses was filed as part of the original defence.

I guess I can prepare for her a witness statement to sign, attaching the actual letters, and send by email to the court tonight. (posting them urgently tomorrow for BC - which is actually slightly late)

They quoted Practice Direction 7C for not providing the documents with POC, but I am guessing failing to provide the CCA (after filing the case as under the CCA) or any other documents so far, after the court has allocated the case to the small claims track should be the basis of her defence in person - effectively reasserting the details made in defence, and their reference to the CCA being applicable in the PoC.

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

Well I should have just about enough time for it to be considered 14 days before the 20th. if I file a witness statement by email tomorrow morning, although the listed court doesn't have a clear email address to use, only a mediation service email and a civil enquiries email, so S may need to phone them and ask for the address.

I'll also look for a Bryan Carter email address for document, but also post a copy.

I'll send the witness statement as rtf attachment, and the three supporting documents attached as jpg's, with the originals to take in. I've dated the statement the 6th, and made it clear no information was received as part of the pre-hearing CPR rules at this time.

How to file these documents (a method of last resort) is covered in this post here:

https://civillitigationbrief.wordpre...problem-areas/

If anybody has a suitable email address with Bryan Carter it would be helpful?


I hope all this will be OK

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

I have an update and it's probably good news.

I helped Sarah file a witness statement, this included a set of numbered statements as to why the case should either be delayed at claimants cost while they provide basic evidence, or struck out. I also had photocopies sent via digital submissions at the local court, and via mail to Bryan carter by way of letters.

The digital copies have not been confirmed accepted yet, as it is right on the line regarding dates, and I have read it takes up to 5 days - this is not without it's tribulations (make sure you compress them well and format the subject line exactly as requested)

She received notice of discontinuation of the case today from BC

Though the balance referenced is now £23XX not £20XX as on the court documents. I assume they have now added interest permanently to their claim.

My only concern is whether they can resurrect the claim at any date now they've filed the original case, or do they have to file again within the original 6 year period of the claimed default date?

I could post a filtered witness statement document for reference for other alleged debtors I guess

[nemesis45]

Re: Lowell Vs SarahC Overdraft Lloyds

I have an update and it's probably good news.

I helped Sarah file a witness statement, this included a set of numbered statements as to why the case should either be delayed at claimants cost while they provide basic evidence, or struck out. I also had photocopies sent via digital submissions at the local court, and via mail to Bryan carter by way of letters.

The digital copies have not been confirmed accepted yet, as it is right on the line regarding dates, and I have read it takes up to 5 days - this is not without it's tribulations (make sure you compress them well and format the subject line exactly as requested)

She received notice of discontinuation of the case today from BC

Though the balance referenced is now £23XX not £20XX as on the court documents. I assume they have no added interest permanently to their claim.

My only concern is whether they can resurrect the claim at any date now they've filed the original case, or do they have to file again within the original 6 year period of the claimed default date?

I could post a filtered witness statement document for reference for other alleged debtors I guess

Good afternoon a claimant would have to seek permission from the court to restart the claim.
nem

[FlamingParrot]

Re: Lowell Vs SarahC Overdraft Lloyds

She received notice of discontinuation of the case today from BC

That's excellent news, one more to be added to the collection :cheer2: :cheer2: :cheer2:

My only concern is whether they can resurrect the claim at any date now they've filed the original case, or do they have to file again within the original 6 year period of the claimed default date?

It would be abuse of process to issue a new claim unless there was new evidence that wasn't available at the time the original claim was issued.

I could post a filtered witness statement document for reference for other alleged debtors I guess

That would certainly help! :clap2:

[maiakaat]

Re: Lowell Vs SarahC Overdraft Lloyds

The other concern is that they intend to file the case under different terms, but by their default date they would only have about 7 months to file, and it's possible if the account did exist that the actual default could have been earlier.

I guess she just has to wait and see what happens over the next few months, as I presume even if they were forced through, and the claim failed they could just file a new claim anyway.